THE 


^pmuikni  ^j|$fern  Railroad  |  a, 

J  «jj  J  * 


FIRST  MORTGAGE  UNTAXABLE 


SEVEN  PER  CENT.  BONDS, 

HAYING  THIRTY  YEARS  TO  RUN— INTEREST  COUPONS 
PAYABLE  SEMI-ANNUALLY  AT  METROPOLITAN 
NATIONAL  BANK,  NEW  YORK. 


Sgtitfs. 

WINSLOW,  LANIER  &  CO.,  27  Pine  St.,  New  York. 
RICHARDSON,  HILL  &  CO.,  Sears’  Building,  Boston. 
WM.  L.  GILBERT,  Treasurer,  West  Winsted,  Conn. 


HARTFORD: 

CASE,  LOCKWOOD  &  BRAINARD,  PRINTERS. 

1871. 


ivy 


A  r 


"Cljt  Coiuu'ttinit  SttUsterit  ^Riulroai)  Compitg. 


DIRECTORS. 

Hon.  WM.  H.  BARNUM,  M.  0.,  Lime  Rock,  Conn. 
GEORGE  M.  BARTHOLOMEW,  Hartford,  “ 

Ex  Gov.  A.  H.  HOLLEY,  Lakeville,  “ 

GEO.  H.  BROWN,  Mill  Brook,  Dutchess  Co.,  N.  Y. 
FREDERICK  WATSON,  Canaan,  Conn. 

EGBERT  T.  BUTLER,  Norfolk,  “ 

GEORGE  DUDLEY,  West  Winsted,  Conn. 

WM.  L.  GILBERT,  “  “  “ 

NATHANIEL  B.  STEVENS,  Hartford,  Conn. 
JAMES  L.  HOWARD, 

GEORGE  W.  MOORE, 

BYRON  LOOMIS,  Suffield, 


03VJFICERS. 

Hon.  WM.  H.  BARNUM,  President. 

GEORGE  M.  BARTHOLOMEW,  Vice  President. 

WM.  G.  COE,  Winsted,  Conn.,  Secretary. 

WM.  L.  GILBERT,  West  Winsted,  Conn.,  Treasurer. 
WM.  F.  SHUNK,  W.  Winsted,  Conn.,  Chief  Engineer. 


The  Connecticut  Western  Railroad  Company  was 
chartered  by  the  General  Assembly  of  the  State  at  its  May 
Session,  1868. 

The  Charter,  hereto  annexed,  is  liberal  and  comprehensive, 
conferring  certain  privileges  and  powers  not  before  granted 
by  the  State  of  Connecticut ;  among  which  are  those  enabling 
towns,  cities  and  corporations  to  subscribe  to  its  capital  stock 
and,  by  their  duly  elected  agents,  to  participate  in  the  man¬ 
agement  of  the  Road. 

This  liberal  franchise  was  granted  by  the  State  for  the  reason 
that  a  large  section,  embracing  nearly  all  its  mineral  wealth 
and  many  of  its  populous  manufacturing  villages,  was  without 
adequate  railway  facilities,  thereby  retarding  the  development 
of  the  former,  limiting  the  growth  and  prosperity  of  the  latter 
and  seriously  crippling  their  energies  by  confinement  to  de¬ 
vious  and  expensive  freight  routes. 

The  want  of  a  railroad  through  North-western  Connecticut 
has  long  been  felt,  also,  by  the  traveling  public,  who  have 
hitherto  been  obliged  to  diverge  from  natural  and  direct  lines 
to  circuitous  and  costly  ones  in  going  East  or  West  and  to 
points  intermediate. 

Eastward,  the  markets  of  Boston,  Worcester,  and  other 
cities  have  heretofore  been  nearly  valueless  to  the  manufactur¬ 
ers  of  Western  Connecticut,  owing  to  the  need  of  a  direct 
railway  line. 

The  immense  quantities  of  coal  consumed  in  the  manufac¬ 
turing  districts  through  which  the  road  passes,  now  obtained 
at  the  seaboard  after  various  transhipments,  will  hereafter  be 


6 


brought  from  the  Eastern  Depots  of  the  Pennsylvania  Coal 
Company  and  the  Delaware  and  Hudson  Canal  Company  over 
the  Connecticut  Western  Railroad  and  its  connections,  with¬ 
out  breaking  bulk,  by  much  shorter  lines  and,  therefore,  at 
greatly  diminished  expense. 

Cattle,  lumber,  grain  and  flour  have  ruled  higher,  hereto¬ 
fore,  in  Western  Connecticut  than  in  any  other  part  of  New 
England.  On  the  opening  of  the  Connecticut  Western  Rail¬ 
road  this  section  will  have  direct  communication  with  Albany 
and  the  West  and  these  important  staples  must  be  obtained  at 
largely  reduced  cost. 

The  heavy  manufacturing  and  mining  interests  upon  the 
line  of  the  road  may  be  relied  on  to  furnish  at  once  a  hand¬ 
some  local  business ;  this,  with  the  through  transportation 
which  may  reasonably  be  expected,  can  hardly  fail  to  rank  it 
speedily  among  the  most  important  and  profitable  thorough¬ 
fares  of  New  England. 

Facts  and  considerations  of  this  kind,  obvious  to  the  intelli¬ 
gent  communities  directly  concerned  in  the  enterprise,  needed 
no  argument  for  their  support.  Hence  it  was  a  comparatively 
easy  matter  to  obtain  liberal  subscriptions  to  the  capital  stock 
and  to  perfect  an  organization. 

The  Company  organized  in  July,  1868.  A  Board  of  thirteen 
Directors  was  elected,  composed  of  the  most  substantial  and 
trusted  citizens  on  the  line  of  the  road,  and  engineers  were 
immediately  put  in  the  field. 

That  the  best  possible  route  might  be  obtained,  nearly  a 
year  was  spent  in  surveys,  and  it  is  believed  that  the  grades, 
curvature  and  general  alignment  of  the  road  cannot  be 
materially  improved. 

The  town  subscriptions  are  as  follows  : 


Hartford  ....  $750,000  Bloomfield  ....  $42,300 

Simsbury ....  50,000  Canton .  40,000 

Winchester .  .  .  116,000  Norfolk .  41,500 

Canaan  .  .  .  34,000  Salisbury .  50,000 


The  entire  capital  stock,  nearly  every  dollar  of  which  is 
owned  on  the  line  of  the  road,  is  $1,650,000.  Instalments  to 
the  amount  of  $1,575,760  have  been  paid  in  and  the  balance 
is  unquestionably  good. 


The  Engineer’s  estimated  cost  of  grading,  masonry,  and 
bridging,  based  upon  the  preliminary  surveys,  was  $1,500,000  ; 
the  correctness  of  the  estimate  has  been  confirmed  by  a  careful 
recast  after  the  completion  of  more  than  nine  tenths  of  the 
work — a  fact  creditable  alike  to  the  Engineer  and  the  officers 
of  the  road. 

The  whole  road  bed  is  now  nearly  ready  for  the  rails,  the 
cross  ties  are  delivered,  and  the  work  is  in  such  a  state  of  for¬ 
wardness  that  trains  may  be  running  by  mid-summer. 

The  Eastern  terminus  is  at  the  City  of  Hartford,  where  it 
connects  with  roads  running  North,  East  and  South,  and  with 
the  Connecticut  river  boats. 

The  first  station  west  of  Hartford  is  at  Bloomfield,  five  miles 
distant.  This  is  a  suburban  village  of  Hartford  and  will  ulti¬ 
mately  become  a  place  of  no  inconsiderable  importance  in 
numbers  and  business. 

Tariffville,  twelve  miles  from  Hartford,  is  the  next  station* 
Here  were  located  the  large  works  of  the  Hartford  Carpet 
Company,  upon  the  best  water  power,  probably,  in  New  Eng- 
,  land.  Since  their  destruction  by  fire,  a  few  years  since,  they 
have  not  been  rebuilt,  mainly  owing  to  a  want  of  proper  rail¬ 
way  facilities  ;  but  the  unequaled  water-power  in  and  near 
this  village,  its  central  location  and  accessibility  from  the  great 
markets,  East  and  West,  by  way  of  the  Connecticut  Wes¬ 
tern  Railroad,  put  its  future  growth  and  importance  beyond 
doubt. 

The  next  station  is  at  the  wealthy  village  of  Simsbury,  four 
miles  from  Tariffville,  near  which  are  located  several  mills 
and  distilleries  that  must  receive  their  supplies  and  ship  their 
products  over  this  road.  Here,  also,  it  intersects  the  line 
of  the  New  Haven  and  Northampton  Railroad,  and  a  profitable 
interchange  of  freights  and  passengers  may  be  expected. 

Three  miles  west  of  Simsbury  is  Farms  Village  Station,  at 
which  point  the  business  of  a  large  back  country  will  reach  the 
road. 

Three  miles  further  west  is  the  village  of  Canton,  the  line 
in  that  vicinity  skirting  a  valuable  granite  quarry  upon  which 
the  demand  for  building  material  by  towns  in  the  Connecticut 
Valley  must  be  great  and  constant. 


8 


Two  miles  beyond  Canton  lies  the  extensive  manufacturing 
village  of  Collinsville.  At  this  point  are  located  the  works  of 
the  celebrated  Collins  Company,  one  of  the  largest  industrial 
establishments  in  New  England,  employing  several  hundred 
operatives  in  the  manufacture  of  edge  tools,  steel  plows,  and 
other  hardware.  The  buildings  of  the  Company  cover  many 
acres  and  not  less  than  ten  thousand  tons  of  coal  are  used  an¬ 
nually  in  their  work.  This  Company  has  long  deeply  felt  the 
need  of  a  western  railroad  line  and  will  be  among  the  heaviest 
freighters  over  the  road. 

The  passenger  business  of  Collinsville  is  large,  and  its 
future  growth  is  certain. 

Five  miles  north-west  of  Collinsville  is  the  thriving  village 
of  Pine  Meadow,  with  the  cotton  mills  of  D.  B.  Smith  &  Co. 
and  the  machine  shops  and  tool  manufactories  of  Chapin 
Brothers ;  and  one  mile  further  west  the  village  of  New  Hart¬ 
ford,  busy  and  rapidly  growing.  Here  are  located  the  cotton 
mills  of  the  Greenwoods  Company,  employing  several  hundred 
operatives,  the  Greenwoods  Scythe  Company’s  works,  and 
other  manufacturing  establishments.  At  this  point  business 
centres  from  Pleasant  Yalley,  Barkhamsted,  and  adjoining 
towns. 

Six  miles  west  is  the  borough  of  Winsted,  the  northern  termi¬ 
nus  of  the  Naugatuck  Railroad,  and  the  largest  and  most  im¬ 
portant  town  in  north-western  Connecticut.  Its  water-power 
is  magnificent  and  unfailing,  and  its  growth  rapid.  There  are 
no  less  than  twenty  manufacturing  establishments  in  full  ope¬ 
ration,  mostly  engaged  in  the  making  of  heavy  iron  goods, 
consuming  immense  quantities  of  coal,  and  promising  to 
furnish  the  road  a  large  amount  of  its  most  desirable  tonnage. 

The  mercantile  interest  of  Winsted  is  greatly  in  excess  of 
any  town  of  its  size  in  the  State,  being  supported  by  a  circuit 
of  country  embracing  many  thrifty  villages  and  a  large  and 
wealthy  population. 

Several  important  stage  lines  center  at  this  point,  and  the 
Farmington  Yalley  Railroad,  chartered  by  the  Legislature  of 
Massachusetts,  now  organized  and  surveyed,  will  make  it  its 
southern  terminus. 


9 


For  the  accommodation  of  Winchester,  Goshen,  and  South 
Norfolk,  a  station  will  be  located  five  miles  west  of  Winsted, 
and  four  miles  beyond  is  the  village  of  Norfolk.  The  beauty 
of  its  scenery  and  healthful  location  have  long  made  it  de^ 
sirable  for  summer  residence ;  with  railway  facilities  it  will 
undoubtedly  become  a  popular  place  of  resort.  Its  water¬ 
power  is  abundant  and  enduring,  already  utilized  to  a  con¬ 
siderable  extent,  and  will  ultimately  make  it  one  of  the 
important  manufacturing  villages  of  Western  Connecticut. 

Three  miles  further  on  is  the  village  of  West  Norfolk,  with 
its  extensive  leather  manufactories,  and,  three  miles  beyond, 
the  village  of  East  Canaan.  Here  are  two  of  the  furnaces 
of  the  Barnum-Richardson  Company,  which  will  receive  and 
deliver  not  less  than  one  hundred  tons  of  freight  every  day  in 
the  year.  The  ore  for  these  furnaces  is  now  hauled  by  teams 
a  distance  of  from  twelve  to  fifteen  miles,  and  the  beds  from 
which  it  is  taken  lie  immediately  on  the  line  of  the  Connecti¬ 
cut  Western  Railroad.  With  increased  facilities  for  trans¬ 
portation  the  business  will  be  largely  augmented. 

Three  miles  west  is  the  village  of  North  Canaan,  where  the 
Connecticut  Western  Railroad  intersects  the  Housatonic  Rail¬ 
road.  Near  this  station  are  the  celebrated  lime  kilns  of 
Barnes,  Hadsell,  and  others.  This  lime  is  confessedly  the 
best  made  and  is  eagerly  sought  for  in  the  large  markets.  In 
this  vicinity,  also,  lie  the  extensive  marble  quarries  from 
which  the  Girard  College  in  Philadelphia  and  the  Fifth  Ave¬ 
nue  Hotel  and  many  other  prominent  buildings  in  New  York 
were  constructed. 

Ore  and  coal  for  furnaces  on  the  line  of  the  Housatonic 
Railroad  will  be  transferred  at  this  station,  and  general  mer¬ 
chandise  and  passengers  will  be  interchanged. 

Four  miles  west  is  Chapinville,  where  the  furnaces  of  Lan- 
'  don  &  Co.,  and  other  manufactories  are  located. 

Three  miles  beyond  Salisbury  village  is  reached,  and,  two 
miles  further,  the  village  of  Lakeville ;  both  are  places  of  sum¬ 
mer  resort  and  are  extensively  engaged  in  manufacturing. 

Two  miles  west  of  Lakeville  is  the  Ore  Hill  and,  two  miles 
further,  Millerton,  the  western  terminus  of  the  road* 

9 


10 


The  Brown  Hematite  Ore,  from  which  the  celebrated  Salis¬ 
bury  iron  is  made,  lies  contiguous  to  the  road  and,  in  some 
instances,  immediately  under  its  track.  The  tonnage  from 
the  ore  beds  now  opened  is  immense  and  their  development 
and  yield  yet  in  their  infancy.  Indeed,  it  is  believed  by  those 
who  have  carefully  investigated  the  subject  that  these  ore 
beds  alone  will  afford  a  sufficient  amount  of  business,  directly 
and  indirectly,  to  pay  the  interest  onthe  entire  bonded  debt 
of  the  road.  The  demand  for  the  ore  is  unlimited  and  the 
supply  inexhaustible. 

At  Millerton  a  direct  connection  is  made  to  New  York, 
Albany  and  the  West  via  the  Harlem  Railroad;  also  with  the 
Hudson  River  Railroad,  the  N.  Y.  and  Erie  Railroad  and  the 
Pennsylvania  Coal  Company’s  terminus  at  Newburgh  via  the 
Dutchess  and  Columbia  Railroad,  now  in  successful  operation. 
In  addition  to  these  a  connection  is  made  with  the  Pough¬ 
keepsie  and  Eastern  Railroad,  running  eastward  from  the  en¬ 
terprising  city  of  Poughkeepsie  through  the  rich  agricultural 
towns  of  Dutchess  County.  A  further  connection  will  soon 
be  made  to  Rondout,  the  Eastern  Depot  of  the  Delaware  and 
Hudson  Canal  Company,  by  the  Connecticut  and  Rhinebeck 
Railroad,  to  be  built  the  coming  season,  and  also  with  the 
Rondout  and  Oswego  Railroad,  now  nearly  completed  and 
affording  a  new,  short  and  direct  interior  line  to  the  West. 
The  Eastern  business  of  this  important  road,  together  witli 
that  of  the  Erie  Road,  must  all  pass  over  the  Connecticut 
Western. 

The  general  merchandise  and  passenger  business,  not  al¬ 
ready  referred  to,  must  be  large.  Indeed  it  is  believed  that 
there  has  never  been  a  railroad  located  in  New  England  which 
had  upon  its  line  a  greater  amount  of  local  business  waiting 
its  completion,  and  whose  tributaries  and  connections  were 
more  certain  to  make  it  an  important  trunk  line  between  New 
England  and  the  West.  The  country  through  which  it  passes 
is  populous  and  wealthy.  Nowhere  east  of  the  Hudson,  within 
an  equal  area,  can  be  found  so  great  an  amount  of  water  power, 
ana  m  locating  the  road  special  reference  lias  been  had  to  its 
future  use. 


11 


The  road  lias  been  built  with  great  care  and  thoroughness, 
and  all  its  appointments  are  first  class. 

It  may  not  be  necessary,  in  view  of  the  foregoing  state¬ 
ments,  to  make  an  estimate  in  detail  of  the  prospective  busi¬ 
ness  of  the  Road :  but,  in  order  to  show  how  reasonable  a 
probability,  in  the  way  of  transportation,  will  be  sufficient  to 
pay  interest  on  the  whole  investment,  attention  is  invited  to 
the  following  exhibit. 

The  Boston  and  Albany  Railroad,  west  of  Springfield,  trav¬ 
erses  a  region  very  much  resembling  in  population,  industry, 
and  resources,  that  occupied  by  the  Connecticut  Western 
Railroad.  The  two  roads  are  alike  also  in  their  physical  char¬ 
acteristics.  By  reference  to  the  Report  of  the  Company  des¬ 
ignated,  for  186T,  it  will  be  seen  that  in  1853,  when  the  Road, 
with  a  single  track,  was  doing  little  more  than  one  half  the 
passenger  business  and  just  one  third  the  freight  business 
which  passed  over  it  in  186T,  the  following  movement  was 
effected,  in  round  numbers,  in  Western  Massachusetts : — 


Through  passengers  .  .  .  .  38,000 

Way  passengers  ....  618,000 

Tons  of  through  freight  .  .  .  80,000 

Tons  of  way  freight  .  .  .  .  244,000 


Assuming,  as  it  would  appear  to  be  quite  safe  to  do,  that 
the  Connecticut  Western  Railroad  may  look  for  at  least  half 
this  business,  furnished  eighteen  years  ago  by  a  tributary 
country  at  that  time  much  less  rich  and  populous  than  that 
now  awaiting  its  completion,  we  shall  have 


19,000  Through  Passengers,  at  $2.00  .  .  $38,000 

309,000  Way  “  at  .80  .  .  247,200 

40,000  Tons  Through  freight,  at  1.75  .  .  70,000 

123,000  Tons  Way  “  at  .80  .  .  98,400 

Add  for  mails  and  other  sources  $750  per  m.  50,000 


Total  $503,600 

Deduct  60  per  cent,  for  expenses,  302,160 


Balance 


$201,440 


12 


which  is  seven  per  cent,  on  $2,877,714 — a  sum  more  than 
sufficient  to  build  and  equip  the  road. 

To  make  up  the  amount  required,  in  addition  to  the  stock 
subscriptions,  to  finish  the  work,  and  put  it  in  running  order, 
it  is  proposed  to  issue  Bonds,  not  exceeding  $1,500,000,  se¬ 
cured  by  a  first  mortgage  of  all  the  Company’s  property,  real 
and  personal,  to  the  Treasurer  of  the  State  of  Connecticut,  in 
trust  for  the  bondholders,  and  registered  in  the  office  of  the 
Comptroller  of  public  accounts,  who  is  forbidden  to  register 
in  any  greater  proportion  than  two  thirds  of  the  amount  ex¬ 
pended  in  construction.  A  copy  of  the  mortgage  is  hereto 
annexed. 

The  bonds  are  offered  to  the  public  at  present  at  the  low 
price  of  Ninety  and  accrued  interest,  and  it  is  honestly  be¬ 
lieved  by  the  Managers  that  no  safer  or  better  railway  secu¬ 
rity  has  ever  been  offered  in  New  England. 


AN  ACT 


INCORPORATING  THE  CONNECTICUT  WESTERN 
RAILROAD  COMPANY. 

Resolved  by  this  Assembly, — 

Sec.  1.  That  E.  Grove  Lawrence,  Nathaniel  B.  Stevens,  Albert 
Austin,  Alexander  H.  Holley,  William  H.  Barnum,  William  W. 
Welch,  William  G.  Coe,  Theron  Bronson,  James  F.  Henderson,  Wil¬ 
liam  L.  Gilbert,  John  T.  Rockwell,  Egbert  T.  Butler,  Edmund  G. 
Howe,  George  M.  Bartholomew,  Edward  Norton,  George  H.  Brown, 
Oliver  W.  Barnes,  Robert  G.  Coffin,  Jairus  Case,  and  Cornelius  S. 
Bushnell,  with  such  other  persons  as  shall  associate  with  them  for 
that  purpose,  are  hereby  constituted  a  body  politic  and  corporate,  by 
the  name  of  the  Connecticut  Western  Railroad  Company,  and  by  that 
name  may  sue,  be  sued,  implead  and  be  impleaded  in  any  court ;  and 
may  make  and  have  a  common  seal,  and  break,  alter,  or  renew  the 
same  at  pleasure  ;  and  said  corporation  is  hereby  vested  with  all  pow¬ 
ers,  privileges  and  immunities  which  are,  or  may  be,  necessary  and 
proper  to  carry  into  effect  the  purposes  and  objects  of  this  act  as  here¬ 
inafter  set  forth. 

Sec.  2.  The  persons  named  in  the  first  section  of  this  act,  or  a 
majority  of  them,  shall  open  books  to  receive  subscriptions  to  the 
capital  stock  of  said  corporation  at  such  time  or  times,  and  place  or 
places  as  said  persons,  or  a  majority  of  them,  may  appoint,  and  shall 
give  such  notice  of  the  time  or  times,  place  or  places  of  opening  said 
books  as  they  shall  deem  reasonable,  and  shall  receive  said  subscrip¬ 
tions  under  such  regulations  as  they  may  adopt  for  such  purpose.  Said 
persons,  or  a  majority  of  them,  may  procure  all  necessary  surveys 
and  estimates  in  reference  to  the  railroad  of  said  corporation,  prelim-  • 
inary  to  the  organization  of  said  corporation,  and  said  corporation, 
when  organized,  may  pay  the  expenses  of  all  surveys  and  services 
which  may  have  been  made  and  rendered  for  the  benefit  of  said  cor¬ 
poration. 


14 


Sec.  3.  The  persons  named  in  the  first  section  of  this  act,  or  a 
majority  of  them,  are  hereby  authorized  to  call  the  first  meeting  of 
the  stockholders  of  said  corporation,  in  such  way  and  at  such  time  and 
place  as  they  may  appoint,  whenever  one  thousand  shares  or  more  of 
the  capital  stock  of  said  corporation  shall  have  been  subscribed  for,  to 
choose  directors  and  perfect  the  organization  of  said  corporation ;  and 
in  all  meetings  of  the  stockholders  of  said  corporation  each  share 
shall  entitle  the  holder  thereof  to  one  vote,  which  vote  may  be  given 
by  such  stockholder  in  person  or  by  lawful  proxy  ;  and  whenever  said 
corporation  shall  have  been  so  organized  it  may  proceed  to  commence 
the  construction  of  the  railroad  hereafter  specified,  and  to  exercise  all 
the  powers  herein  granted. 

Sec.  4.  The  directors  of  said  corporation  shall  be  not  less  than 
nine,  nor  more  than  thirteen  in  number.  The  first  meeting  of  the 
board  of  directors  first  chosen,  shall  be  held  at  such  time  and  place, 
and  upon  such  notice  as  a  majority  of  them  may  appoint.  The  direct¬ 
ors  shall  have  full  power  to  make  and  prescribe  such  by-laws,  rules 
and  regulations  as  they  shall  deem  needful  and  proper,  (not  contrary 
to  the  laws  of  this  State  or  of  the  United  States,)  touching  the  dispo¬ 
sition  and  management  of  the  stock,  property,  estate,  and  effects  of 
said  corporation,  the  transfer  of  its  shares,  the  duties  and  conduct  of 
its  officers  and  servants,  the  elections,  and  meetings  of  directors,  the 
number  of  directors  who  shall  constitute  at  any  meeting  of  directors  a 
quorum  for  the  transaction  of  business,  and  all  matters  whatsoever 
that  may  appertain  to  the  concerns  of  said  corporation.  The  board 
of  directors  shall  have  power  to  fill,  from  time  to  time,  any  vacancies 
which,  by  death,  resignation,  or  otherwise,  during  the  interval  between 
any  two  annual  meetings  of  said  corporation  may  occur  in  their  num¬ 
ber. 

Sec.  5  Said  corporation  is  hereby  authorized  and  empowered  to 
locate,  construct,  and  finally  complete,  a  single,  double,  or  treble  rail¬ 
road  or  way  from  some  convenient  point  in  the  town  of  Hartford  to 
some  convenient  point  in  the  town  of  Salisbury  or  the  town  of  Sharon 
upon  the  we, stern  boundary  line  of  this  state,  through  any  or  all  the 
towns  of  Hartford,  West  Hartford,  Wethersfield,  New  Britain,  Farm¬ 
ington,  Burlington,  Bloomfield,  Simsbury,  Avon,  Canton,  New  Hart¬ 
ford,  Barkhamstead,  Torrington,  Winchester,  Colebrook,  Norfolk, 
Canaan,  North  Canaan,  Salisbury  and  Sharon  ;  also  from  some  con¬ 
venient  point  in  the  town  of  Canton  to  some  convenient  point  in  the 
town  of  Suffield  upon  the  northern  boundary  line  of  this  State,  through 
any  or  all  of  towns  of  Canton,  Simsbury,  Granby,  East  Granby,  and 


15 


Suffield.  Said  corporation  shall  have  full  power  to  equip,  maintain, 
use,  and  enjoy  the  said  railroad,  and  to  take,  transport  and  carry  per¬ 
sons  and  property  thereon  by  the  power  and  force  of  steam,  of  animals 
or  of  any  mechanical  or  other  power,  or  of  any  combination  of  them. 
Said  corporation  may  purchase,  receive  and  hold,  in  fee  simple  or 
otherwise  at  its  pleasure,  such  real  estate  and  personal  estate  as  said 
corporation  may  see  fit  to  purchase,  receive  or  hold,  in  order  to  carry 
out  economically  or  advantageously  the  purposes  of  this  act;  and  said 
corporation  may  sell,  convey  and  dispose  of,  as  it  may  see  fit,  such  of 
said  estate,  real  and  personal,  as  said  corporation  may  see  fit  so  to  sell, 
convey  and  dispose  of  after  having  acquired  the  same.  Said  corpora¬ 
tion  is  also  authorized  to  construct  and  operate  extensions  of  its  track 
into  the  States  of  New  York  and  Massachusetts,  or  either  of  them,  as 
parts  of  its  railroad  line  (and  also  to  purchase  or  lease  and  hold  and 
operate,  in  like  manner,  any  such  extensions  which  may  be  constructed 
by  any  person,  persons,  corporation  or  corporations  in  said  States,  or 
either  of  them,)  whenever  said  corporation  shall  receive  from  the 
proper  authorities  in  said  States,  respectively,  lawful  permission  and 
authorization  so  to  do.  Said  corporation  may  also  make  any  lawful 
contract  with  any  other  railroad  company  with  whose  railroad  its 
track  may  connect  or  intersect,  in  relation  to  its  business  or  property, 
and  may  take  lease  of  the  property  and  franchises  of,  or  lease  its 
property  and  franchises  to  any  such  railroad  company,  and  any  com¬ 
pany  having  any  such  connection  or  intersecting  railroad,  may  make 
with  said  corporation  the  contracts  aforesaid. 

Sec.  6.  Said  corporation  may  from  time  to  time,  for  the  purpose 
of  providing  for  the  construction,  equipment  and  maintainance  of  its 
railroad,  borrow  money  to  an  amount  not  exceeding  two-thirds  of  the 
amount  expended  in  the  construction  of  the  same  at  the  time  of  the 
issue  of  such  bonds,  said  amount  expended  to  be  ascertained  by  the 
sworn  statement  of  the  chief  engineer  of  said  road,  and  may  secure 
the  repayment  of  the  money  so  borrowed,  by  its  bonds,  with  or  with¬ 
out  its  corporate  seal,  signed  by  its  president  aud  countersigned  by  its 
treasurer,  with  or  without  coupons  or  certificates  of  interest,  due  at 
the  end  of  every  six  months,  attached  thereto ;  which  bonds  shall  be 
made  and  issued  at  a  rate  of  interest  not  exceeding  seven  per  cent, 
per  annum,  payable  semi-annually,  and  said  corporation  may  sell  and 
dispose  of  such  bonds,  and  may  secure  such  bonds  by  mortgage  or 
mortgages  of  all  or  any  part  of  its  railroad  property,  rights  and  fran¬ 
chises,  in  the  manner  provided  for  the  sale  and  disposition  of  railroad 
bonds,  and  the  execution  of  railroad  mortgages  in  and  by  section  510 


16 


and  section  511  of  the  statue  entitled  “An  act  concerning  Communi¬ 
ties  and  Corporations,”  and  all  subsequent  sections  of  said  statue,  so 
far  as  they  relate  to  such  mortgages,  and  to  the  mode  of  enforcing 
and  making  available,  by  legal  process  or  otherwise,  such  mortgages 
are  hereby  made  applicable  to  any  and  all  mortgages  which  said  cor¬ 
poration,  under  the  authority  given  to  it  by  this  section,  may  at  any 
time  make  or  execute. 

Sec.  7.  The  capital  stock  of  said  corporation  shall  be  two  mill¬ 
ions  of  dollars,  and  may  be  increased  at  the  pleasure  of  said  corpora¬ 
tion  to  any  amount  not  exceeding  the  total  sum  of  three  millions  of 
dollars,  and  said  capital  stock  shall  be  divided  into  shares  of  one 
hundred  dollars  each. 

Sec.  8  Each  of  the  towns  named  in  section  five  of  this  act  is 
hereby  authorized  to  subscribe  for  and  take  any  number  of  said  shares 
not  exceeding  in  amount,  at  the  par  value  of  said  shares,  five  per  cent, 
of  the  total  amount  of  the  grand  list,  then  last  made,  of  the  town  so 
subscribing,  provided  that  said  town  shall  first  at  a  town  meeting 
specially  warned  for  that  purpose,  by  the  vote  of  at  least  two-thirds 
of  the  voters  then  and  there  voting  upon  the  question,  vote  to  sub¬ 
scribe  for  such  shares  and  appoint  an  agent  to  subscribe  in  the  name 
and  behalf  of  said  town  for  the  same,  notice  of  which  meeting  shall 
be  given  at  least  ten  days  prior  to  said  meeting  by  posting  written  or 
printed  copies  of  such  notice  in  all  the  school  districts  of  such  town. 
Any  agent  so  appointed  by  any  of  said  towns  for  said  purpose  may  so 
subscribe  for  such  shares  in  the  name  and  behalf  of  said  town,  and 
his  subscription,  so  made,  shall  be  obligatory  upon  said  town  in  the 
same  manner  and  to  the  same  extent  in  which  and  to  which  a  sub¬ 
scription  for  the  same  number  of  shares  by  a  natural  person  would 
be  obligatory  upon  him;  and  said  town  may  from  time  to  time,  by  any 
agent  appointed  by  it  from  time  to  time,  for  the  purpose,  vote  upon 
the  shares  of  stock  so  held  by  it  at  all  stockholders’  meetings  of  said 
corporation,  and  exercise  all  the  privileges  of  a  stockholder  of  said 
corporation  so  long  as  said  town  shall  continue  to  hold  any  of  said 
shares ;  and  said  town  shall  be  subject  so  long  as  it  shall  continue  to 
hold  any  of  said  shares,  to  all  the  duties  and  liabilities  which  would 
attach  to  a  natural  person  holding  the  same  number  of  said  shares, 
and  any  such  town  for  the  purpose  of  paying  for  its  said  shares,  may, 
from  time  to  time,  borrow  money  and  secure  the  repayment  of  the 
same,  by  the  issue  of  its  notes,  bonds,  or  other  obligations. 

Sec.  9.  Whenever  any  town  meeting  shall  be  warned  in  the  town 


17 


of  Hartford  for  the  purpose  specified  in  section  eighth  of  this  act,  said 
meeting  shall  be  warned,  held,  and  conducted  in  the  following  manner, 
namely :  said  meeting  shall  be  warned  by  a  notice,  signed  by  the 
selectmen  of  said  town,  or  a  majority  of  them,  and  published  at  least 
one  week  before  said  meeting  is  to  be  held,  in  one  or  more  daily  news¬ 
papers  of  said  town.  Said  notice  shall  contain,  and  propose  for  the 
adoption  of  said  meeting,  a  form  of  a  vote  purporting  to  authorize 
some  person,  therein  named,  to  subscribe  in  the  name  and  behalf  of 
said  town  for  a  certain  number  of  said  shares  in  said  proposed  vote 
specified ;  and  said  notice  shall  warn  the  inhabitants  of  said  town 
qualified  to  vote  in  town  meetings  of  said  town  to  meet  at  a  day  and 
time  in  said  notice  specified,  in  the  respective  voting  districts  of  said 
town,  wherein  said  inhabitants  shall  respectively  on  the  day  of  said 
meeting,  reside,  then  and  there  to  cast  their  ballots  for  or  against  said 
proposed  vote.  Said  notice  shall  also  specify  a  place,  in  each  voting 
district  of  said  town,  where  said  qualified  voters  so  residing  in  said 
district  shall  so  give  their  votes,  and  shall  designate  a  time  when  the 
ballot  boxes  in  said  districts  shall  open,  and  a  time  when  they  shall 
close.  Said  selectmen  shall  cause  a  ballot  box  to  be  provided  for  the 
reception,  at  the  time  and  place  so  appointed,  of  ballots,  in  each  dis¬ 
trict,  and  shall  appoint  some  person  or  persons  to  preside  at  each  of 
said  voting  places  and  to  receive  the  ballots  there  to  be  cast.  At  the 
time  and  place  so  appointed  in  each  district  every  inhabitant  of  said 
town  then  residing  in  said  district,  and  qualified  to  vote  in  town  meet¬ 
ings  of  said  town,  shall  be  at  liberty  to  deposit  his  ballot  for  or  against 
said  proposed  vote,  in  the  ballot  box  so  provided  in  that  district. 
Every  voter  who  shall  be  in  favor  of  the  adoption  of  said  proposed 
vote  shall  deposit  in  the  ballot  box  his  ballot  with  the  word  “  Yes” 
written  or  printed  thereon ;  and  every  voter  opposed  to  the  adoption 
of  said  proposed  vote  shall  deposit  in  the  ballot  box  his  ballot  with 
the  word  “  No”  written  or  printed  thereon.  Said  selectmen  shall 
cause  all  the  ballots  so  cast  in  said  several  districts  to  be  counted  after 
said  boxes  shall  be  closed,  and  if  the  ballots  having  the  word  “  Yes’’ 
so  written  or  printed  thereon  shall  constitute  at  least  two-thirds  of  the 
whole  number  of  ballots  so  cast  in  said  town,  the  said  proposed  vote 
shall  be  deemed  and  held  to  have  been  passed  and  adopted  and  to  be 
a  lawful  and  valid  vote  of  said  town,  and  thereupon  any  subscription 
for  said  shares  made  in  conformity  with  said  vote  by  the  person  so 
named  in  said  vote  shall  be  deemed  and  held  to  be  a  subscription 
made  by  said  town,  and  shall  be  obligatory  according  to  the  terms 
thereof  upon  said  town. 

3 


18 


Sec.  10.  Any  corporation  located  in  any  of  said  towns  and  trans¬ 
acting  therein  any  manufacturing,  mining  or  mechanical  business,  may 
subscribe  for  and  take  any  number  of  shares  of  said  corporation,  pro¬ 
vided  the  stockholders  of  any  such  corporation  shall  vote  unanimously 
in  favor  of  such  subscription,  and  provided  that  the  record  of  such 
vote  shall  be  subscribed  by  every  stockholder,  and  said  corporation 
shall  thereupon  become  vested  with  all  the  privileges  and  subject  to 
all  the  liabilities  which  would  attach  to  a  natural  person  subscribing 
for,  taking  and  holding  the  same  number  of  said  shares. 

Sec.  11.  Whenever  the  land  or  estate  of  an y  feme  covert ,  infant, 
cestui  que  trust,  person  non  compos  mentis,  or  person  out  of  this  State, 
shall  be  required  for  the  purposes  of  said  railroad,  the  notice  to  be 
given  to  such  person  of  a  proposed  laying  out  of  said  railroad  or  loca¬ 
tion  thereof  upon  said  land  or  estate,  or  of  any  intended  application 
by  said  corporation  for  the  appointment  of  appraisers,  or  of  a  proposed 
appraisal  of  damages  in  reference  to  said  land  or  estate  may  be  such 
reasonable  notice  as  shall  be  prescribed  and  ordered  by  some  judge  of 
the  superior  court ;  and  such  notice,  duly  given  in  the  manner  pre¬ 
scribed  by  such  judge,  shall  be  deemed  sufficient  notice  to  that  person. 
The  husband  of  any  such  feme  covert ,  the  guardian  by  nature  or  by 
appointment,  of  any  such  infant,  the  trustee  of  any  such  cestui  que 
trust ,  and  the  conservator  of  any  such  person  non  compos  mentis , 
respectively,  may,  in  behalf  of  that  person,  release  all  damages  for 
any  land  or  estate,  taken  or  to  be  taken  as  aforesaid,  as  effectually  as 
they  might  respectively  do  if  said  land  or  estate  were  holden  by  them 
in  their  own  right  respectively. 

Sec.  12.  Said  corporation  shall  have  all  the  powers  conferred  upon 
railroad  corporations  by  chapter  seventh  of  the  statute  entitled  “  An 
Act  concerning  Communities  and  Corporations,”  and  the  other  stat¬ 
utes  which  have  been  passed  in  alteration  of  said  statute  or  in  addi¬ 
tion  thereto. 

Sec.  13.  If  said  corporation  shall  not  complete  the  construction 
of  said  railroad  on  or  before  July  4th,  A.  D.  1876,  then  this  act  shall 
become  null  and  void. 

Sec.  14.  This  act  may  be  altered,  amended,  or  repealed  at  the 
pleasure  of  the  General  Assembly. 

Approved,  June  25th,  1868. 


19 


COPY  OF  MORTGAGE. 

This  Indenture,  made  the  11th  day  of  October,  in  the  year  one  thousand  eight 
hundred  and  seventy,  between  the  Connecticut  Western  Rail  Road  Com¬ 
pany,  incorporated  by  the  Legislature  of  the  State  of  Connecticut,  of  the 
first  part,  and  the  Treasurer  of  the  State  of  Connecticut  (trustee  as  here¬ 
inafter  set  forth )  of  the  second  part. 

Whereas,  the  said  Company,  in  pursuance  of  the  powers  conferred  upon  it  by 
its  Charter  and  fhe  amendments  thereto,  has  commenced  to  build  its  Rail  Road 
from  the  City  of  Hartford  in  said  State,  to  the  line  of  the- State  of  New  York,  at 
Salisbury  in  said  State  of  Connecticut,  and  has  obtained  subscriptions  to  its 
Capital  Stock  to  the  amount  of  Sixteen  Hundred  and  Fifty  Thousand 
($1,650,000)  Dollars,  and  desires,  for  the  purpose  of  constructing  and  equipping 
said  Rail  Road,  to  borrow  further  sums  of  money  upon  the  first  mortgage  Bonds, 
hereinafter  described,  and  proposes  to  make  and  issue  such  Bonds  from  time  to 
time  pursuant  to  the  power  and  authority  to  that  effect,  in  said  Charter  contained, 
to  an  amount  not  to  exceed  at  any  time  two-thirds  of  the  amount  expended  upon 
said  Road,  in  accordance  with  the  provision  of  the  sixth  section  of  its  Charter. 

Such  Bonds  to  be  in  sums  of  Five  Hundred  and  One  Thousand  Dollars  each, 
and  to  bear  interest  at  the  rate  of  seven  per  cent,  per  annum,  and  to  be  sealed 
with  the  corporate  seal  of  said  Company,  signed  by  its  President  and  counter¬ 
signed  by  its  Treasurer,  and  to  have  interest  coupons  attached  thereto,  and  to  be 
duly  registered  in  the  office  of  the  Comptroller  of  Public  Accounts  of  the  State 
of  Connecticut  before  being  issued,  which  Bonds  are  to  be  in  the  following  form : 

No. -  $ - 

FIRST  MORTGAGE  BOND. 

STATE  OP  CONNECTICUT. 

The  Connecticut  Western  Rail  Road  Company  promise  to  pay  to  the  Treasurer 
of  the  State  of  Connecticut  or  bearer,  thirty  years  after  the  first  of  July  eighteen 
hundred  and  seventy,  the  sum  of  Dollars 

for  money  borrowed,  with  interest  at  seven  per  cent,  per  annum,  payable  semi¬ 
annually  on  the  first  days  of  July  and  January,  in  each  year,  on  presentation  and 
surrender  of  the  proper  annexed  coupon. 

This  Bond  is  part  of  an  issue  of  Bonds  secured  by  a  first  mortgage  to  the 
Treasurer  of  the  State  of  Connecticut  upon  the  Rail  Road  of  said  Company,  and 
all  its  property,  rights  and  franchises  under  its  Charter,  which  issue  is  not  to 
exceed  in  amount  at  any  time  two-thirds  of  the  amount  then  actually  expended 
for  the  construction  of  said  Rail  Road. 

Said  Bonds  must  be  registered  and  certified  by  the  Comptroller  of  Public 
Accounts  of  the  State  of  Connecticut. 

Should  any  of  the  said  interest  coupons  remain  unpaid  for  six  months  after 
presentation  and  default,  the  principal  sum  secured  hereby,  shall,  at  the  option  of 
the  holder  hereof,  then  become  due  and  payable. 

This  Bond  may  on  request  of  the  holder  be  registered  in  his  name  on  the  books 
of  the  Company,  and  such  registry  shall  be  noted  on  the  Bond.  It  shall  there¬ 
after  be  transferable  only  by  written  transfer  on  the  books  of  the  Company,  unless 
again  being  made  payable  to  bearer  by  being  transferred  to  bearer  on  said  books, 
and  such  transfer  being  noted  on  the  Bond. 


20 


Payment  of  interest  to  the  holder  of  the  proper  coupon  shall  discharge  the 
company  in  all  cases. 

In  witness  whereof,  this  Bond  has  been  sealed  with  the  corporate 
seal  of  said  Company,  and  signed  by  its  President  and  coun¬ 
tersigned  by  its  Treasurer,  the  day  of 

in  the  year 


Countersigned. 


Treasurer. 


President. 


This  Bond  is  duly  registered  according  to  law  in  the  office  of  the  Comptroller 
of  Public  Accounts  of  the  State  of  Connecticut,  the 
day  of 


Comptroller. 


And  whereas,  the  said  Company  has  by  a  vote  of  its  Stockholders,  at  a  meeting 
duly  called  for  that  purpose,  and  held  at  the  City  of  Hartford,  on  the  sixth  day  of 
April,  one  thousand  eight  hundred  and  seventy,  authorized  and  directed  the 
execution  of  this  mortgage,  for  the  purpose  of  securing  the  payment  of  the  Bonds 
so  to  be  issued  as  aforesaid  and  the  interest  thereon. 

And  whereas,  the  said  Company  has  caused  the  route  of  its  said  Bail  Road 
from  the  City  of  Hartford  to  the  east  line  of  the  State  of  New  York,  at  Salisbury 
in  said  State  of  Connecticut,  to  be  surveyed,  and  the  plans  and  drawings  thereof 
to  be  prepared,  and  has  acquired  title  to  portions  of  the  Roadway,  and  has  placed 
the  graduation  and  masonry  on  said  line  under  contract,  and  has  commenced  and 
is  now  proceeding  with  the  construction  of  said  Rail  Road. 

Now,  therefore,  this  indenture  witnesseth,  that  the  said  Company,  party  of  the 
first  part,  to  these  presents  in  consideration  of  the  premises,  and  to  secure  the 
payment  of  the  principal  and  interest  of  said  Bonds,  so  to  be  issued  and  duly 
registered  as  aforesaid,  to  an  amount  not  to  exceed  at  any  time  two-thirds  of  the 
amount  then  actually  expended  in  the  construction  of  said  Road,  and  also  for  and 
in  consideration  of  one  dollar  to  said  Company  duly  paid  by  the  party  of  the 
second  part  hereto  at  or  before  the  ensealing  and  delivery  of  these  presents,  the 
receipt  whereof  is  hereby  acknowledged. 

Hath  granted,  bargained,  sold,  assigned,  transferred,  conveyed  and  set  over,  and 
by  these  presents  doth  grant,  bargain,  sell,  assign,  transfer,  convey  and  set  over 
unto  the  said  party  of  the  second  part,  and  unto  his  successors  in  said  office  of 
Treasurer  of  the  State  of  Connecticut,  all  and  singular  the  Rail  Road  of  said  party, 
of  the  first  part,  from  the  City  of  Hartford  to  the  east  line  of  the  State  of  New 
York,  at  Salisbury,  Connecticut,  as  the  same  is  now  or  may  be  hereafter  located, 
constructed,  or  improved,  and  all  the  roadway  and  lands  that  are  or  may  be 
included  in  the  location  of  said  Rail  Road,  or  acquired  by  the  said  Company  for 
the  purposes  of  said  Rail  Road  within  the  several  points  aforesaid,  with  all  and 
singular  the  railways,  rails,  bridges,  fences,  station  houses,  depots,  shops,  build¬ 
ings,  structures,  tools,  cars,  engines,  equipments,  machinery,  fuel,  materials, 
privileges,  appendages,  appurtenances  and  property,  real  and  personal,  which  now 
belong,  or  may  at  any  time  hereafter  belong,  to  said  Company,  and  used  as  a 
part  of  said  Rail  Road,  or  be  appurtenant  thereto  or  necessary  for  the  construction, 
operation,  or  security  thereof,  and  also  all  the  property,  rights  and  franchises  of 
the  said  Company  under  its  Charter  and  every  part  thereof,  together  with  the 


21 


tolls,  income,  issues  and  profits  thereof,  and  all  rights  to  receive  the  same,  and 
everything  necessary  for  the  completion  and  operation  of  the  Road. 

To  have  and  to  hold  the  said  property  and  premises  herein  before  granted  and 
conveyed,  unto  the  said  party  of  the  second  part,  and  his  successors  in  office  as 
aforesaid,  in  trust  for  the  person  or  persons,  bodies  politic  or  corporate,  who  shall 
from  time  to  time  become  holders  of  said  Bonds,  so  about  to  be  issued  by  said 
Company,  or  any  of  them,  subject  to  the  terms  and  stipulations  of  said  Bonds, 
and  the  provisions  of  said  Charter  under  which  the  said  Company  derives  its 
power,  and  subject  to  the  possession,  control  and  management  of  the  Directors  of 
said  Company,  so  long  as  said  Company  shall  well  and  truly  perform  all  and 
singular  the  stipulations  of  the  Bonds  aforesaid  and  the  covenants  of  this  inden¬ 
ture.  And  the  said  party  of  the  first  part,  for  itself,  its  successors  and  assigns, 
doth  covenant  and  agree  with  said  party  of  the  second  part,  his  successors  and 
assigns,  that  until  the  ensealing  and  delivery  hereof  the  said  party  of  the  first 
part  is  well  seized  and  possessed  of  the  above  granted  premises,  and  hath  full 
power  to  grant,  assign  and  convey  the  same  in  manner  aforesaid,  and  that  the 
same  are  free  from  all  encumbrances,  and  that  it  will  warrant  and  defend  the  same 
unto  the  said  party  of  the  second  part,  his  successors  and  assigns,  from  and  against 
all  claims  and  demands  whatsoever,  and  further,  that  the  said  party  of  the  first 
part,  its  successoss  and  assigns,  will  make,  execute  and  deliver  all  and  singular 
such  further  assurances  and  instruments  as  shall  from  time  to  time  be  necessary, 
and  the  said  party  of  the  second  part,  or  his  successors  or  their  counsel  learned  in 
the  law,  shall  reasonably  advise  and  require  for  the  better  effectuating  of  the 
objects  and  purposes  of  this  trust  and  mortgage,  and  of  subjecting  thereto  any 
and  all  property,  real  or  personal,  which  may  hereafter  be  acquired  by  said  Com¬ 
pany,  and  shall  appertain  to  said  Rail  Road,  or  be  used  in  its  construction  or 
operation. 

And  it  is  further  mutually  agreed  by  and  between  the  respective  parties  hereto 
that  until  default  shall  be  made  in  the  payment  of  the  principal  or  interest  of  said 
Bonds,  or  some  part  thereof,  according  to  their  tenor,  the  party  of  the  first  part, 
its  Directors  and  Officers,  may  remain  in  the  quiet  and  peaceable  possession  and 
enjoyment  of  all  the  Rail  Road  and  property,  rights  and  franchises  herein  before 
granted  and  conveyed,  and  the  tolls,  earnings  and  income  to  arise  therefrom, 
without  any  molestation  by  or  from  the  party  of  the  second  part,  or  his  successors 
but  in  case  the  said  Company  should  make  default  in  the  payment  of  the  interest 
upon  any  of  said  Bonds,  after  due  demand  and  presentation  of  the  proper  coupon 
for  such  interest,  and  such  interest  should  remain  unpaid  for  six  months  after  such 
default,  the  said  party  of  the  second  part,  or  his  successor,  may  and  shall,  after 
the  lapse  of  said  six  months,  upon  the  written  request  of  the  holder  or  holders  of 
one-third  in  amount  of  the  Bonds,  secured  by  this  mortgage  and  then  outstanding 
take  actual  possession  of  said  Rail  Road,  and  of  all  and  singular  the  property  and 
effects,  rights  and  franchises,  hereby  conveyed  or  mortgaged,  and  subject  to  this 
mortgage,  and  shall  through  agents  to  be  appointed  by  him,  for  the  purpose  of 
operating  said  Rail  Road,  receive  the  income  and  profits  of  said  Rail  Road  for 
the  purposes  of  the  trust  herein  before  declared,  defraying  out  of  the  same  the 
expenses  of  the  Road  and  its  necessary  repairs ;  and  he  may  retain  such  posses¬ 
sion  until  all  arrearages  of  interest  due  by  said  Company  on  said  Bonds,  together 
with  any  sums  of  money  which  may  have  been  raised  from  sources  other  than  the 
earnings  of  the  Road  and  actually  expended  on  said  Road  in  construction  or 


repairs,  or  in  additional  rolling  stock,  during  the  management  of  said  Road  by 
said  Trustee,  provided  such  expenditures  were  necessary  for  the  operation  of  said 
Road  in  the  opinion  of  said  Trustee,  shall  have  been  fully  paid,  and  thereupon 
such  possession  shall  be  restored  to  the  officers  of  said  Company. 

And  if  the  interest  on  any  of  said  Bonds  shall  remain  due  and  unpaid  for  the 
term  of  six  months  after  presentation  of  the  proper  coupon  and  default  of  the 
payment  thereof  as  aforesaid,  the  principal  of  each  of  said  Bonds  on  which 
such  default  shall  have  been  made,  shall  at  the  option  of  the  holder  of  such  Bonds 
respectively,  become  due  and  payable  within  one  year  from  the  date  of  such 
default, 

This  conveyance  is  upon  the  express  condition  and  limitation  that  upon  the 
payment  of  each  and  every  of  the  said  Bonds,  and  the  discharge  of  the  said 
Company  from  all  liability  thereupon,  the  estate  and  trust  herein  and  hereby 
created  in  said  grantee  and  trustee  shall  cease  and  be  null  and  void,  and  the 
premises  hereby  granted  and  conveyed,  and  all  property  which  shall  have  been 
subjected  to  this  mortgage,  shall  be  divested  from  said  grantee  and  immediately 
be  reinvested  in  law  and  in  fact  in  said  grantor  without  any  entry  or  other  act  to 
be  by  said  grantor  or  said  grantee  made  or  performed. 

And  it  is  further  mutually  agreed  by  and  between  the  parties  to  these  presents, 
that  in  case  at  any  time  hereafter  the  holder  of  any  or  either  of  said  Bonds  should 
desire  to  have  such  Bond  registered  so  that  it  shall  cease  to  become  payable  to 
bearer,  the  said  Company  will,  on  his  request,  register  such  Bond  in  his  name  in 
a  book  to  be  kept  by  the  Company  for  that  purpose,  and  will  by  an  endorsement 
upon  such  Bond  certify  that  the  same  has  been  registered,  and  thereupon  the  same 
shall  be  payable  only  to  the  person  in  whose  name  it  is  so  registered,  or  his  assigns, 
and  shall  be  transferable  only  on  the  books  of  the  Company. 

The  Company  shall  keep  a  book  or  books  containing  such  transfers,  and  no 
bond  so  registered  and  certified  shall  be  transferable  except  by  a  transfer  in  such 
transfer  book  or  books,  signed  by  the  party  in  whose  name  such  Bond  shall  stand 
at  the  time  of  the  transfer,  or  by  his  attorney,  duly  authorized  by  a  written  power 
to  be  delivered  to  and  retained  by  the  Company,  and  every  such  transfer  shall  be 
noted  on  the  Bond  by  the  Secretary  or  Treasurer  of  the  Company. 

And  the  holder  of  any  such  Bond  so  registered  may  again  make  it  payable  to 
bearer  by  transferring  on  said  books  to  bearer,  and  having  such  transfer  noted  by 
the  Secretary  or  Treasurer  on  such  Bond. 

But  it  is  agreed  that  the  Company  shall  not  incur  any  responsibility  to  the 
holder  of  any  registered  Bond  by  reason  of  the  payment  of  interest  to  the  bearer 
of  the  coupon,  when  said  coupon  is  paid  according  to  its  tenor  for  such  interest, 
and  such  payment  shall  discharge  said  Company  from  all  liability  for  the  interest 
so  paid. 

And  it  is  further  mutually  agreed  by  and  between  the  parties  hereto,  that  in 
case  the  said  Company  should  at  any  time  desire  to  have  any  real  or  personal 
property  which  may  be  covered  by  this  mortgage,  and  not  essential  to  the  opera¬ 
tion  of  said  Rail  Road,  discharged  from  the  lien  and  operation  of  said  mortgage, 
the  party  of  the  second  part,  or  his  successor,  shall  release  such  property  from 
the  lien  of  this  mortgage  on  the  substitution  therefor  of  other  property  of  at  least 
equal  value,  and  subjecting  the  same  to  the  lien  of  this  mortgage,  or  on  the  sur¬ 
render  to  said  Trustee  for  cancellation  of  Bonds  secured  by  this  mortgage  to  the 


amount  of  not  less  than  two-thirds  of  the  value  of  the  property  so  sought  to  be 
released,  and  such  Bonds  shall  thereupon  be  cancelled. 

And  in  case  said  parties  fail  to  agree  as  to  the  fact  whether  any  property  sought 
by  the  Company  to  be  released  is  or  is  not  essential  to  the  operation  of  said  Bail 
Road,  or  as  to  the  value  of  such  property,  or  of  any  property  proposed  to  be  sub¬ 
stituted  therefor,  those  questions,  or  either  of  them,  as  to  which  the  parties  may 
disagree,  shall  be  decided  by  a  referee  to  be  appointed  by  one  of  the  Judges  of  the 
Superior  Court  of  the  State  of  Connecticut  on  the  application  of  the  Company, 
and  on  at  least  three  days  notice  of  such  application  to  the  party  of  the  second 
part,  or  his  successor. 

And  it  is  further  mutually  agreed  as  aforesaid,  that  in  case  it  should  he  desired 
by  the  Company  at  any  time  to  exchange  or  replace  any  of  the  property  which 
may  be  covered  by  this  mortgage,  and  which  is  essential  to  the  operation  of  said 
Rail  Road,  the  party  of  the  second  part,  or  his  successors,  shall  release  from  the 
lien  and  operation  of  this  mortgage  the  property  so  sought  to  be  exchanged  or 
replaced  on  the  Company  acquiring  and  by  a  proper  instrument  subjecting  to  the 
lien  of  this  mortgage  other  property  at  least  equal  in  value  and  utility  for  the 
purposes  of  said  Rail  Road,  to  take  the  place  of  the  property  so  released.  And 
in  case  the  parties  cannot  agree  as  to  the  value  or  utility  of  the  property  sought 
to  be  released,  and  of  the  property  proposed  to  he  substituted  therefor  those 
questions  shall  be  decided  by  a  referee  to  be  appointed  in  the  manner  last  herein¬ 
before  prescribed. 

In  witness  whereof,  the  said  Corporation,  party  of  the  first  part,  has  caused  its 
corporate  seal  to  he  hereto  affixed  and  attested  by  its  Secretary,  and  these  presents 
to  be  signed  and  executed  in  its  behalf  by  William  H.  Barnum,  its  President, 
who  is  hereunto  duly  authorized  and  empowered  by  a  vote  of  its  Board  of  Direc¬ 
tors,  passed  at  a  meeting  of  said  Board  held  at  Hartford,  the  sixth  day  of  April, 
eighteen  hundred  and  seventy. 

CONNECTICUT  WESTERN  RAIL  ROAD  COMPANY. 


By 


William  H.  Barnum, 


President. 


SEAL. 


STATE  OF  CONNECTICUT. 

County  of  Litchfield — ss.  Winchester. 

On  this  eleventh  day  of  October,  A.  D.  eighteen  hundred  and  seventy,  person¬ 
ally  appeared  William  H.  Barnum,  President  of  the  Connecticut  Western  Rail 
Road  Company,  the  signers  and  sealers  of  the  within  and  foregoing  deed,  and 
acknowledged  the  same  to  be  his  free  act  and  deed,  and  the  free  act  and  deed  of 
said  Rail  Road  Company,  before  me, 

William  F.  Hurlbut,  Justice  of  Peace. 

SECRETARY  OF  STATE’S  OFFICE. 

Hartford,  Conn.,  October  21,  1870. 

Received,  filed  and  recorded  by 

D.  W.  Edgecomb,  Clerk, 

For  Thomas  M.  Waller,  Secretary  of  State. 


24 


Mayor’s  Office, 
Hartford,  Conn.,  March  20,  1871. 

To  Whom  it  May  Concern  : 

This  may  certify  that  I  have  carefully  examined  the  records  pertaining  to  the 
organization  of  the  Connecticut  Western  Rail  Road  Company,  and  find  them 
correct  and  in  conformity  to  the  General  Statutes  of  this  State  relating  to  Rail 
Roads,  and  in  my  opinion  its  Bonds  are  legally  issued,  and  the  mortgage  executed 
to  secure  the  same  is  in  compliance  with  law. 

Charles  R.  Chapman, 

Mayor  of  City  of  Hartford  and  Attorney  at  Law. 


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WESTERN  CONNECTIONS. Htth. the  ttondnuJ  and 
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